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BPI Vs. BPI Employees Union-Davao Chapter-Federation of Unions in BPI Unibank [DISSENTING OPINION, BRION, J.]

BANK OF THE PHILIPPINE ISLANDS, Petitioner, versus BPI EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS IN BPI UNIBANK, Respondent

G.R. No. 164301 | 2010-08-10

DISSENTING OPINION

BRION, J.:

I dissent.

Out at outset, I wish to clarify what this case is all about and what it is not about.

The case is simply about the interpretation and application, in a merger situation, of union security clauses in the petitioner's collective bargaining agreement (CBA) with the respondent union.  To be exact, the basic underlying issue of the case is about the effects of merger on the merging corporations' employees - an issue that arose soon after the merger and one that is still current despite the execution of two subsequent CBAs.  It is not an issue, therefore, that...